On Aug. 12, Hon. Lawrence P. Zatkoff of U.S. District Court for the Eastern District of Michigan vacated the jury’s verdict and ordered a new trial. He said that FAR founder Theresa Franks and counsel Donald L. Payton and Jonathan H. Schwartz “engaged in persistent misconduct in front of the jury throughout the trial, and it would be fair to characterize the misconduct as ‘contumacious conduct.’”

Then, “Franks’ complaints that Plaintiff’s counsel was taking things ‘out of context’ and giving the jury only ‘bits and pieces’ are indicative of how she repeatedly attempted to prejudice the jury regarding rulings Plaintiff had appropriately obtained from this Court. … [T]here were many other times (both when she was called by Plaintiff and by her own counsel) that Franks’ testimony went far beyond what was appropriate or acceptable.”

And, during defendants’ opening statements, 15 newspapers and television stations that had written articles or aired shows about Plaintiff’s art cruises were mentioned. Because of that, “Plaintiff suffered the stigma in the jury’s eyes each time Plaintiff had to object to such reports during testimony,” and “the reading of the media reports was improper in light of the manner in which the FAR Defendants subsequently attempted to introduce them.”

As well, the court imposed sanctions against counsel for the FAR Defendants. Schwartz was fined $5,000 for asking twice, against the judge’s orders, what a witness would think “if Park West wins this trial, Fine Art Registry is done.” Payton also was reprimanded in the trial, with the judge saying, “I counseled you before about the manner in which you have been handling this case and I am afraid I have to counsel you again. You continue to make improper, inflammatory remarks during the course of this trial.”

The upshot?

“[T]he Court: (1) vacates the jury’s verdict with respect to the nine claims asserted by Plaintiff against the FAR Defendants, (2) vacates the jury’s verdict on the Lanham Act counter-claim filed by FAR against Plaintiff, and (3) orders a new trial on the nine claims asserted by Plaintiff against the FAR Defendants and the Lanham Act counter-claim filed by FAR against Plaintiff.”

Guess this is what they mean when people talk about suffering for your art.

UPDATE: Crain’s Detroit Business reported Sept. 16 that neither Park West nor FAR will appeal the judge’s ruling, and instead will await a new trial, as Zatkoff has ordered.

Park West attorney Rodger Young briefly appealed a portion of Zatkoff’s ruling that had preserved a small portion of the April jury verdict pertaining to Bruce Hochman, owner of California-based The Salvador Dali Art Gallery. But he said he expects to withdraw that appeal, as the dealer has settled with Hochman.

Meanwhile, Payton is still representing several art buyers in a separate lawsuit against Park West filed at Oakland County Circuit Court. It remains pending before Circuit Judge Nanci Grant.

I have looked in the past few days so that where “Theresa Franks” and her written statements on the Web are classified.

The fact is: The Ten Commandments are the foundation of Christian ethics.
One of those commandments says: Thou shalt not lie!” and Theresa Franks does not follow this rule of ethics!
However, what is the basis for this behavior:
Is it a
social – lie
white lie
purpose – lie
common and / or criminal lie
compulsive, pathological – lie.

The fact is the lie differs from the deception, that deception can be perpetrated without the means of false statement.
The lie is dependent on language: lies can be expressed in any form, can be communicated with in the language, such as text in a newspaper or in sign language.
In Germany it is called:
may be criminally relevant as a lie or slander as a statement of crime such as perjury or false statement. As a special case of deception, a lie also constitutes a crime of fraud. Basically, lying is not a penalty, the same goes for writing lies (except § 348 StGB Falschbeurkundung in office).
From a lie is called only when a serious violation is seen against the customs.
For me, Theresa Franks is categorized in the common criminal or lie with the slope of the compulsive, pathological lies!
Finally, this compulsive pathological lies the morbid desire of a man is to lie. Whether this criminal, this is I cannot judge. What is imperative, however, is the people or businesses from the protection of these, and even if courts have to intervene to do so.

Mr. Hochmann, they were not too sure of your statement!
Time will show whether Theresa Franks can continue to defame shown as before.
The fact is that the readers of this page is thus made clear that Theresa Franks is a hypocrite!

Fact is that I can show that I stood in email contact between 10.03.2008 and 09.04.2008 with David Phillips/ FAR.

Unmistakably I communicated David Phillips/FAR that no criminal pursuit in Germany is present against the family Albaretto, neither to originals nor to printing graphics.

In addition I am in the possession of different official letters: Minister of State Mr. Neumann – Federal Government Germany, public prosecutor’s office Augsburg, public prosecutor’s office Mannheim, as well as the president of the state criminal police agency bathing Württemberg (superior Ernst Schöller).

For this I am in various official letters, Minister of State Neumann – Federal Government of Germany, Augsburg prosecutor, Prosecutor-Mannheim, trunk of the State Criminal Office Baden Wuerttemberg.
Mr. Hochman for them now is an excerpt from the e-mail with David Phillips FAR.vom 15/16.03.2008:
Mr. Hochman, for it now an excerpt from the email with David Phillips / FAR from the 15/16.03.2008:

I will check with the Fundació about the document. I expect since it is notarized and witnessed that the witnesses can be found. It is not that long ago. It is a completely different document from the one that the court case refers to. It has nothing to do with Descharnes having rights to the Dali copyrights or not. It is quite disrelated and he would not have brought it up in the court case with the Fundació because it was not relevant to that case. That does not make it valid in itself, but neither does the fact that M. Descharnes did not bring it up in that court case make it invalid.

Do you mean that if I quote from the documents you sent me, that I mention your name in connection with them?

Again, mind you, in Germany it gave “never” a judgement against Albaretto because of falsifications whether to originals or graphics.
Furthermore I must say that which says Bruce Hochman in the interview from 09. November 2007: “Mr. Schoeller therefore has no criminal pursuit against Albaretto from Germany make could there” because “he Schoeller” be not across the border active correspond not the fact “!
In addition me is a statement of the Federal Government Germany present, which should be enough proof. Therein, a bordercrossing criminal pursuit is confirmed should take place because of Dali falsifications on the part of Germany, then would be bordercrossing this by interpole generally possible.

David, it is directly like that that the German public prosecutor’s office, which stands over the German police authority did not see a “reference point” to Albaretto to accuse!!!
……………………………………………
……………………………………………
………………………………………………….
………………………………………………
.

First ask Bruce Hochman if the German Policeman had said something to a characteristic “German customs legal” regulation, which states in Germany what is an “original graphic”!
For that an info: Under German customs legal is therefore for example – La grande Place des Vosges, du temp de Louis XIII, 1958 – not an original graphic, it’s a reproduction!

And the curious here is that Bruce Hochman states this reproduction with $ 14700 in his “Annual Print Price Guide 2007” on page 12.
Furthermore that he – Field – states on page 157 “1980.21 The Impossible Dream” with $ 19000 and I can verify that his price is 12 x the price from “Gravos”!

By the way, you have the possibility to publish all my informations with my name.

Hi, my name is Sandy. I have seen Theresa Franks on her YouTube videos. Oh my gosh! While she may have a point in her case, she needs to look her best in order to convince her viewers. Our plastic surgery services can help Theresa look better than ever. We offer liposuction, boob reduction, tummy tuck and grey hair removal. Please call us to arrange an appointment so Theresa Franks can look better today!

Sharon Day
THE INDEPENDENT
The surreal case of Dali’s art and the squandered legacy
Sharon Day and her husband Julian Howard, bought a complete set of prints of Dali’s Divine Comedy, from Park West Gallery for $ 422,000, only to be told that the signatures on the works, were faked and the prints were ‘worthless’.

The whole of this a deliberate staging of Theresa Franks, Sharon Day, Frank Hunter and Nicolas Descharnes represents is abundantly clear!

Whether this, however, for Frank Hunter and Nicolas Descharnes serve as a career boost, is more than doubtful!

Just to Nicolas Descharnes me is a statement from him on 20 May 2010 in Germany that is significant to the dubious-looking statements, which have nothing to do with the truth!

Or should it serve as a staging another career boost?

So far I’ve only ever on the website of FAR Theresa Franks read anything by Sharon Day, Julian Howard is not a lawyer?

How is Mr. Lawyer, where are your statements about the whole?

In the next message will ask the question – why is the price of a work of art offered a gallery above the price on an online website?

Wow – it seems the Park West mafia found a new club house. I see there are three or four people who believe PW while hundreds are in the process of suing Park West Gallery for fraud in separate lawsuits.

If you don’t know the details of the case don’t comment. Teri Frank’s looks couldn’t be any more unappealing than the rambling thoughts of Rainer above. Hey, if you have a point to make say it and be done. You make NO sense.

The case is about an art gallery selling all kinds of works of “art” at prices that are far beyond what they are truly worth in the aftermarket. Even if that is legal it is disgraceful. It’s a con game, starting with the free champagne they give away on ships. I’m sure Roman Polanski also gave that quaallude to that 15-year old girl – he didn’t make her take it.

If that is “Honorable” then I suppose so is Lawrence Zatkoff. But somehow I just tend to think PWG is going to be sorry they didnt let sleeping dogs lie. But then again, one dog lying is never enough for PWG – they want the lies to go on and on until every sucker is parted from his money.

Yeah, I said sucker. That makes it right, doesn’t it??? They’re just suckers, so we took them for $100,000? Who wouldn’t? You?

Disgusted,2
unfortunately, the report of 24.August.2010 written anonymously by the words disgusted.

I will respond with the contents of the part!

Check before starting something about me:
With Salvador Dali and the prints I am working since early 2000.

Outgoing was a visit to the Dali Museum in Figueres (Spain) and the purchase of prints in a gallery that is 100 meters away from the museum.

To this day I am in possession of seven prints from the Albaretto / Les Heures Claires Collection,
and several sheets of Divine Comedy, some of them autographed. Color distribution of Canton 7 and Hell Purgatory Canto 12, La Danse script on Arches, some leaves of the Biblia Sacra, and leaves of WUGUA and P. Argillet.

This is to say that I acquired all these prints in “Figueres”, Germany, Italy and France.

This year in August I was back in Figueres and have the following works from the collection Albaretto / Les Heures Claires in two galleries next to the Dali Museum-seen evidence, photographic evidence:
Melpomène, Uranie, Hommage a Dulcinea, La Sirène, Orient, La baie de Port Lligat, Les trios Elephantine Surrealists, Montres Molles et les Papillons, Les enchanteur of serpents, some leaves from the Divine Comedy, signed and unsigned, as well as leaves of the Biblia Sacra. There is a statement by Joan Manuel Sevillano 17.03.2003, Director / Head of the Foundation Gala-Salvador Dali, in which he stated the following about prints:
If the Foundation recognizes signs of a fake she intervenes. We have for example a few months ago for the first time on court order the destruction of part of the prints obtained, which have proved to be forgeries. The destruction was carried out by the police department to court order.
I myself since mid-2004 the Städelsches Museum Club (Graphic Museum Frankfurt am Main) acceded to sight my prints – independently.
Since 2006, I began to study graphic art itself. This is a small microscope with 20/40- and 80-times magnification and fiber-magnification 10-fold and thread count with 30 times magnification with oblique light.

Now I ask the author of the contribution Disgusted – I am not damaged by Park West?

I am waiting for the reply of the author of the contribution dated August 24, 2010:

But further, since early 2002, I questioned in the past and subsequent media reports from Germany, France and Spain on their credibility.

From 2003 I get over again information from the art scene Germany, Spain, Italy and France about Salvador Dali.

2006/2007 I was present at the following court cases in Germany in the courtroom:
Michler / fakes as well as three different cases against the German gallery owners, which acquired Michler / fakes.
Since 2007, I research, especially in old Spanish and French media reports from the period 1980 and 1990.
Since 2000 and until today I am in the above searches in possession of approximately 500 official relevant files of the documents prosecutors, courts, state criminal police offices and lawyers to German court proceedings.
In the case of Theresa Franks / Fine Art Registry, I am working since 2008 to today. The latest case, which was reported to me, contains about 400 relevant pages of official memos to a legal case in Germany. This is the case Rosenheim and works of art from the artists Gauguin, Matisse, Chagall, Picasso, Dali, etc.
Right now, I can say that this case is significant expert testimony is to question their credibility, as a striking number of oddities in their expert opinion are included.
So I’ll take from current events to the fall Theresa Franks / Fine Art Registry time off to dedicate myself closely to the fall of Rosenheim. However, what with all this is that I will lose the case Theresa Franks in any way from the eyes and should it be necessary, I will act again to fulfill its public statements.

Why had I sat down with David Phillips / FAR related?
The starting point was a reader comment from David Phillips / FAR on the website:

art-magazin.

Quote, David Phillips 01.03.08:

Ernst Schöller

I would like to reach Herr Schöller with questions. Do you know his email address or phone number? My email address is ………………… I am doing an investigation into Park West, Albaretto Dali prints and would like to get some information from him. I woujld appreciate it if you would put me in touch with him.

Thanks, David

End quote.

I knew that Theresa Franks – FAR defame in the future as it did in Germany for years, Ernst Schöller!

It might be asked how I come to this thesis. The answer Ernst Schöller himself has supplied.

Through such a preliminary proceeding (by Ernst Schöller), which he had maintained for years, this work (Albaretto-Les Heures Claires) in Germany and in parts of Europe have not become more tradable.

What was, however, the sense of it all? Quite simply, Ernst Schöller had taken the preliminary proceeding into the track with some dubious new investigations. Further, he has over the media as for example Mirror, ART, etc … .. speaking of any forgeries. Thus he was able to make a name for years in the German art scene investigators! The same is happening with Theresa Franks FAR in the U.S.

What is however – not tradable -, for example, this:

These works are rejected by the public company.

The value-judgment, which has thus formed is affected, the prices go in the basement.

Large auction houses distance themselves from these works, etc.

What, however, suppresses Theresa Franks – FAR their readers since 2008, is the fact that the preliminary proceeding (a Preliminary proceedings in Germany usually carried out by the police) by Ernst Schöller by the Mannheim prosecutor was classified as inadequate, and therefore was not in Germany Criminal proceedings opened.

:

Therefore :
The attorneys at FAR should consider whether they really want to put their reputation on the line!

Mr. Hochman, they were not too sure of your statement!
Time will show whether Theresa Franks can continue to defame shown as before.
The fact is that the readers of this page are thus made clear that Theresa Franks is a hypocrite!

And at the Salvador Dali those prices are overpriced because there are scrap-graphics!
Now the reality of what one dubbed TF scrap prints, which is a reproduction, may be worth:
Lot 352- proceeds $ 10,752
Lot 218 proceeds $ 29,184
Lot 239 proceeds $ 27,648

$ 27,648 – This is Theresa Franks has defamed by their morbid addiction of lying to print graphic works of Salvador Dali.
Thus, it has these people through their Campania of defamation against Park West inflicted considerable damage!
And this is what I wanted to prevent that, which I had with David Phillips FAR been contacted and the hope of clean journalistic work by FAR had yet.
What is, however, is the fact that this probably FAR clean work had never before done.
What is the fact that Theresa Franks never intended this clean work!
Rainer Schickedanz
14.09.2010

Mr. Hochman, you really must be a remarkable contemporary person with all the e-mails you write to Mr. Ewell!
Would it not be of interest for you that you write something on this online site, what’s your problem?
Have you had with contact with Theresa Franks or David Phillips?
In addition Mr. Hochman, I have had sent to David Phillips an e-mail during the hearing in Michigan with a request that he should stick to the truth. Has he told to you something about that?
Would it not be an interesting affair to discuss whether the catalog from Albert Fields can be valid according to German law or not be at all as a work list of the prints to works of Salvador Dali?

While I do not know how it is in America but in Germany it is this:
The crucial feature of the term list of works is his claim to completeness and correctness of the compilation of the works of the respective artist:
(Analogously, Oberlandesgericht Frankfurt / Main, 1992,).
Because Fields catalog is incomplete it may be that in Germany, this catalog cannot be used for prints by Salvador Dali to be assessed as forgery, since it is the content itself is limited!
Mr. Hochman this would be a problem for you?
This would, moreover, Ernst Schöller be aware, Mr. Hochman!
So is his investigation of the so-called Biblia Sacra for Theresa Franks and the statement of the quality as a poster, actually a joke!

Mr. Hochman, we could also entertain about the Judgment from 24. September 2001 against B. V. Demart PRO Arte (Descharnes). Moreover, a very interesting thing, because it goes also about prints by Salvador Dali!
Or we could entertain about the statement of R. Michler and the illustrated Dali signatures in the book graphic work 1 and the connection between the Descharnes Clan. Interesting thing the manipulation!
Or what thinks Albert Field with original photogravure – Field, page 15?
Or what do you think Mr. Hochman in Price Guide in Print La Femme Visible with 1930.3 (original intaglio) $ 36.800 and Albert Field writes original heliogravüre?
As it is now, Mr. Hochman !!!!!!!!!!
Rainer Schickedanz
20.09.2010

Interesting case is the report by Fine Art Registry – 21. Sep. 2010 – and the reference to the report by Paul Motter Cruisemates of 17. Sep. 2010.
Paul Motter is really known where the fairy tale of the so-called false signature has its origin?
The fact is that the origin of the tale of the so-called false signature from a report at the beginning of the 90′s and this from a German art magazine!
This report is me well known and something more and I having had a written discussion with the State Criminal Office Baden Wuerttemberg, and also know as well as the written position of the public prosecutor in Mannheim to this type of signature, should Paul Motte begin this theme critical than ever to question!

Here is an excerpt of my e-mails with David Phillips FAR:
Hallo David,

I’m a collector from graphics.
However this is not my job (occupation) in Germany.
Therefore I’m independent and I’m not manipulable through other persons, which have to live on the art.

Rainer

“David Phillips” schrieb:
> Hi Rainer,
>
> I am investigating further. There is quite a lot of evidence. But
> there is more to look into.
> I will try to interview them and
> get more information. I would like their side of the story.
>
> David

We are trying to arrange interviews with the key players in the Dali graphics game in Europe. We may go to Stuttgart to meet with Kommissar Schöller and so on. What part of Germany are you in?

I have not had anything translated yet.

But we are working on an in-depth article and maybe a documentary movie as well.

Thanks for staying in touch,

David

Ah, moreover, it also:
As far as me well-known there are in Germany, a criminal complaint against N. Descharnes because of a statement in court!
Since I know this case well, and in possession of written testimony, I am thinking that the public has the claim that this statement and the where upon posed that criminal charges will be become later announce!
Rainer Schickedanz
22.09.2010

Paul Motter is really known where the fairy tale of the so-called false signature has its origin?
The fact is that the origin of the tale of the so-called false signature from a report at the beginning of the 90′s and this from a German art magazine!
This report is me well known and something more and I having had a written discussion with the State Criminal Office Baden Wuerttemberg, and also know as well as the written position of the public prosecutor in Mannheim to this type of signature, should Paul Motte begin this theme critical than ever to question!

Theresa Franks reveals in her recent article “Chagall” on its website clearly your morbid addiction of defamation, specifically only against Park West.
She let someone write that Park West a Chagall graphic print as much too expensive ($ 29995) shows and thus a greedy pile is who makes himself guilty on the corruption and fraud at such prices!!!
But what Theresa Franks withhold her readers the fact that Sotherbys for an auction of one of a Picasso graphic print had an expectation 400000-600000 pound has had!

And indeed, this graphic print reached total $ 2000000!
Well, the obvious question who is the greedy pile?
Next is to say that in 1990 a print graphic of Picasso 880000 pounds and a print graphic by Edvard Munch in Oslo, 2007, reached 1.1 million pounds.
I’m thinking there are seeing the $ 29995 from Park West almost ridiculous out.

Theresa Franks and Sharon Day are always talking again about Park West of dirty and underhanded tactics!
What credibility has the group of Theresa Franks?
Fact is that Ralf Michler (former expert for the LKA Baden-Wuerttemberg – Ernst Schöller to about 2004) has given to 02.10.2000 an interview to the exhibition from the family Albaretto for the news magazine “Der Spiegel” on pages 318-320.
On page 319 he speaks following public expert’s opinion.
At least 20 of the 140 pictures are fakes!

This statement has been in Germany that triggered the media, such as ART, Welt am Sonntag, Zeit Online etc. which reported from counterfeiting in Augsburg, and therefore also the international Press.
Well the backgrounds:
It is a defamation through scandalous via the media and the art to alienate the truth!

Fact is that Ernst Schoeller has written in an official letter as a police officer to the German public prosecutor on 08.02.2007.
In case of the Descharnes it concerns experts for drawings and paintings of the artist Dali.
Ralf Michler himself refused in the past the valuation of originals of Salvador Dali and referred to Descharnes.

This means, almost 7 years after the statement by Ralf Michler on counterfeiting in Augsburg, which was triggered by national and international press reports on counterfeits in Augsburg, Ernst Schöller actually writes that Ralf Michler has never told about, of Originals by Salvador Dali.
And since Descharnes with certainty the letter of 08.02.2007 knew. And him himself whose content was known, since it’s the one case of counterfeits of Michler (Ralf Michler sold them from ca. 2001) acted, is this testimony evaluated as “collegial lie”!!

But why the lie?
Ralf Michler (former close colleague of Ernst Schöller) had given consciously in 2000 an interview during the exhibition in Augsburg in Spiegel Germany, which has got the only sense to bring the family Albaretto into discredit and that with the knowledge of Descharnes and Ernst Schöller!The conclusion from this is:

And since we are to assume it that Theresa Franks (and Sharon Day) knew this, since on the website of Theresa Franks since 28 August 2008 about 90% of the originals from the show in as Augsburg counterfeit now declare by her.
Thus, should any reader of this web site his own opinion about these two ladies make and ask himself who makes dirty and underhanded tactics!
Thus it is that Frank Hunter violated the copyright because he got photos publishes which were given to Albert Field in reliance to compliance of the copyright.

But it also shows that it was Frank Hunter already well known in 2000 the machinations to the false statement to the Augsburg exhibition of by Ralf Michler!
In conclusion is to say, that the district attorney Augsburg never undertaken an investigation for fakes against the family Albaretto. So as Theresa Franks continues to their readers for years tells fairy tale.
Thus, it is apparent that Theresa Franks defamed about the media through scandals and she mastery the arts to alienate the truth.